For
lawyers,
the
Trump
II
era
has
been
defined
by
the
existential
crisis
facing
the
profession.
Donald
Trump
has
gone
to war
with
the
rule
of
law and
Biglaw
through
a
series
of unconstitutional Executive
Orders
(or
the mere
threat of
them) designed
to
break
major
law
firms and
have
them
bend
a
knee
to
Trump
or
extract
a
tremendous
financial
penalty.
In
the face
of
this
financial
harm, nine
major
law
firms
were willing
to
proactively
seek
out Trump’s
seal
of
approval
and
provide
pro
bono
payola,
that
is,
free
legal
services
on
behalf
of conservative
clients
or
causes in
order
to
avoid
Trumpian
retribution.
The
cowardice
of
the
Biglaw
firms
kissing
Trump’s
ring
has
been
a
major
taking
point
with
far-reaching
consequences
for
the
profession.
But
few
have
been
willing
to
offer
a
full-throated
defense
of
the
deals.
Until
now.
Lobbying
firm
Ballard
Partners,
a
firm
with
deep
MAGA
connections,
has
seen
a
spike
in
business
as
folks
try
to
navigate
the
ever-changing
currents
emanating
from
the
White
House
—
including
two
major
Biglaw
firms…
that
happen
to
be
among
those
that
inked
deals
with
Trump.
And
Brian
Ballard
spoke
with
Bloomberg
Law
to
defend
the
deals
with
Trump.
“If
you
are
in
the
business
in
Washington,
DC,
of
working
for
clients
that
have
issues
before
the
government,
it’s
better
to
be
someone
who
can
work
with
the
government
than
someone
who
just
says
screw
you,”
Ballard
said.
“I
think
it’s
pretty
smart
for
those
guys
to
have
done
what
they’ve
done—the
guys
we
represented
and
others.”
I
termed
the
Biglaw
deals
pro
bono
payola
because
that’s
what
they
are
—
paying
(through
pro
bono
services)
to
play.
And
while
that
may
may
grease
the
wheels
for
a
subset
of
a
Biglaw
firm’s
clients
(and
accentuate
the
difference
between
corporate
and
litigation
clients),
there
are
plenty
of
clients
that
see
this
as
a
problem.
If
a
firm
can’t
—
or
won’t
—
defend
themselves
against
an
administration
willing
to
use
unconstitutional
executive
orders
to
extort
free
legal
services,
then
how
will
that
firm
represent
a
company
who
finds
themselves
on
the
wrong
side
of
the
fickle
president?
This
is
also
a
reputational
hit
for
the
firms
that
signed
the
deals,
and
clients
*are*
steering
work
away
from
the
firms
that
bent
a
knee
to
Trump.
But
there
are
other
problems
for
yellow-bellied
firms.
There
are
congressional
investigations.
And
a
real
recruitment
problem,
as
attorneys are leaving the firms
that
caved to
Trump,
hoping
to
get
the
stink
of
capitulation off
their
resumes.
Perhaps
most
importantly,
there’s
the
whole
“fail[ing]
the
American
people” and
abandoning
the
rule
of
law
thing.
It
bears
repeating
that
the
EOs
Trump
weaponized
has
been
found
unconstitutional.
Repeatedly.
Trump
is
trying
to
punish
law
firms
for
taking
work
and
clients
he
personally
doesn’t
like,
and
four
different
district
court
judges
from across
the
political
spectrum have
all
ruled
the
orders
unconstitutional
on
a
variety
of
grounds
—
and
that
callous
disregard
for
the
foundations
of
our
legal
system
corrodes
those
rights,
particularly
for
the
profession
charged
with
safeguarding
the
law.
So
color
me
unimpressed
that
the
man
who
has
directly
benefitted
from
negotiating
the
deals
is
downplaying
the
harm
they
do
to
the
rule
of
law.
“It
always
makes
sense
to
try
to
resolve
things,”
Ballard
said.
“This
administration
wants
to
resolve
things.
They’re
looking
to
address
the
issues
that
they’ve
raised,
but
they’re
not
looking
for
battles.
They’re
looking
for
more
friends
than
enemies.”
Sure,
Jan.
But
even
more
galling
is
how
Ballard
denigrates
the
firms
that
have
stood
up
to
fight
the
EOs
aimed
at
them:
“Some
of
these
law
firms
like
the
idea
of
having
an
enemy,”
Ballard
said
of
the
firms
that
chose
to
fight
Trump.
“Either
for
business
reasons
or
political
reasons,
that’s
why
they
do
it.”
In
standing
up
to
Trump,
Perkins
Coie, Jenner
&
Block, WilmerHale,
and Susman
Godfrey
are
carrying
the
baton
for
the
legal
profession.
Most
lawyers
agree
with
the
stance
these
firms
have
taken
—
90%
of
respondents
in
a
recent
Above
the
Law
survey
said
other
firms
should
follow
their
lead.
Perkins,
Jenner,
Wilmer,
and
Susman
have
an
“enemy”
in
the
president
not
for
the
cynical
reasons
Ballard
outlines,
but
because
they’re
defending
the
constitution.
Kathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of
The
Jabot
podcast,
and
co-host
of
Thinking
Like
A
Lawyer.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
email
her
with
any
tips,
questions,
or
comments
and
follow
her
on
Twitter
@Kathryn1 or
Mastodon
@[email protected].